Ohioans should have the ability to use force and, if necessary, deadly force to defend themselves and their family against a violent intruder in their home. That belief is the genesis behind an important bill passed by the Senate in recent weeks. Senate Bill 184, legislation I am proud to cosponsor, would establish Ohio's "Castle Doctrine."
For centuries, people have respected the idea that a man's home is his castle, and he should have the right to defend it and those inside from harm. This age-old adage has initiated a push for stronger self-defense laws in several states over the years, including Ohio.
While Ohio recognizes a person's right to self defense, current state law places the criminal and civil burden on a victim, not their attacker, to prove in court that they were truly acting to defend themselves from serious harm. For example, if a burglar wielding a gun breaks into your home and you choose to defend your family by shooting that person, you would be forced to defend your actions in front of a jury. No innocent Ohioan, who has just been through such a traumatic experience, should be put in that difficult position.
SB 184 works to eliminate this unfair burden, by shifting the rebuttable presumption from the victim to the criminal. Therefore, under the previous scenario, if a person chooses to act to protect themselves and their family, they would be legally presumed to be acting in self-defense.
In addition, the bill would deny any person who is committing a crime of violence from seeking civil recovery. On occasion, there have been ridiculous reports of criminals breaking into someone's home with the intent to harm those inside, injuring themselves in the process, and then suing the homeowner for damages. Surprisingly, current law does not protect a victim from liability in this situation, even if an intruder was found guilty of criminal charges. As one of my colleagues put it, SB 184 sends a message to criminals that "if you commit a crime in someone's home, you do so at your own peril."
SB 184 makes other needed changes to Ohio's self-defense law. Currently, the law says that if a person is under attack, they must withdraw from the situation rather than defend themselves, unless they can prove their life was in danger. This rule even applies if you encounter a violent perpetrator in your home. Importantly, the bill would remove this "duty to retreat" clause from Ohio law when a person illegally enters another person's home, affirming the right of every Ohioan to defend their "castle" and those inside from harm.
Every Ohioan should have the right to use force and, if necessary, deadly force to defend themselves and their family from the threat of violence in their home. While this core principle of the "Castle Doctrine" may have originated in the Middle Ages -- when people actually lived in castles -- it still holds true today, and we should work to affirm this belief in Ohio through passage of SB 184.
For more information on SB 184, please visit the Ohio General Assembly Web site at www.legislature.state.oh.us. The bill is currently under consideration in the Ohio House Criminal Justice Committee.
As always, I welcome your views on state issues. If you have any questions, thoughts or concerns, or if you need assistance working with a state government agency, please write to me: Senator John A. Carey, Ohio Senate, Statehouse, Columbus, Ohio 43215, or call my office at (614) 466-8156.
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